COUNSEL FIRST DUTY IS TO THE COURT

Learned counsel, as officers in the temple of justice have a sacred duty to assist the court to do substantial justice in any matter before it. His first duty is to the court. The second to his client. It is almost five years to the day since the ruling complained of was delivered. Precious judicial time and resources have been wasted pursuing technicalities.

– Kekere-Ekun JCA. Adewoyin v. Executive Governor (2011)

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SENIOR ADVOCATES SHOULD BE PROFESSIONAL IN ACTS

Learned Senior Advocates, being not only officers of the Court but supposedly noble and worthy knights in the temple of justice should be more silky in the administration of justice, particularly in election or pre-election disputes. I will, at any time, hate to recall the antonyms of the word “silky” in relation to the manner they conduct themselves in the Court. A baseless and frivolous categorization of the political leaders as criminals has its negative reciprocal bearing on the total image of the Nation. – Ejembi Eko JSC. APC v. Obaseki (2021)

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EFFECT OF COUNSEL STATEMENT FROM THE BAR

It is settled that a statement by a counsel from the Bar has the character of an oath and the court is bound to take this into consideration. See Tika Tore Press Ltd. v. Umar (1968) 2 ALL NLR 107.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

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WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

Under cross-examination, DW3 admitted that he signed his deposition in the chambers of his counsel. However, there is no evidence before me that DW3 did not present himself before the Commissioner for Oaths to be sworn. The name and signature of the Commissioner for Oaths is on the deposition together with the date it was sworn. There is therefore a presumption of regularity in the statement on oath by virtue of Section 168 of the Evidence Act 2011. See Auta v Olaniyi [2004] 4 NWLR (Pt 863) 394.

— O.A. Obaseki-Osaghea, J. Akinsete v Westerngeco (2014) – NICN/LA/516/2012

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COUNSEL SHOULD NOT MISQUOTE JUDGE

I will pause here to advise that learned counsel when referring to statements made by trial Judges should not impute words not said by them, or misquote their statements and present statements which were not actually uttered or remarked by them (the Judges). A close look at the passage quoted above leaves one in no doubt that the Judge did not say that the depositions were of no assistance to him . Rather, what he said was that they were of little assistance to him . He is therefore misunderstood or quoted out of context.

– Sanusi JCA. Enejo v. Nasir (2006)

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NATURE OF RELATIONSHIP BETWEEN CLIENT & COUNSEL

The nature of the legal relationship between Counsel and his client, which exists in this case between plaintiff and PW1, his Counsel, is one of an independent contractor and not one of principal and agent. (See Performing Right Society Ltd v. Mitchell &.Booker Palais de Danse Ltd (1924) 1 KB 702 at page 365 per McCardie J). It is not that of master and servant. Counsel is clearly not a servant of his client. It is accepted that where a client gives specific instruction to Counsel, such instruction must be adhered to. Where the nature of the specific instruction is in conflict with the manner of discharging his professional skills and interferes with his control of how to conduct the case of his client, Counsel is entitled to return the brief to his client. Counsel who is in law, the dominis litis is not bound to obey any such instructions. It is in the exercise of his apparent general authority in the discharge of his professional duties to his client, to have complete control how such instructions are to be carried out, and over the conduct of the case.

– Karibi-Whyte, JSC. Afegbai v. A.G Edo State (2001)

DUTY THE ADVOCATE OWES THE COURT IS SUPERIOR

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COUNSEL FIRST DUTY IS TO THE COURT

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SENIOR ADVOCATES SHOULD BE PROFESSIONAL IN ACTS

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EFFECT OF COUNSEL STATEMENT FROM THE BAR

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WHERE WITNESS DEPOSITION IS SIGNED IN A LAWYER’S OFFICE

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COUNSEL SHOULD NOT MISQUOTE JUDGE

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NATURE OF RELATIONSHIP BETWEEN CLIENT & COUNSEL

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